23 LC 47 2137
H. B. 426
- 1 -
House Bill 426
By: Representatives Blackmon of the 146
th
, Taylor of the 173
rd
, Jones of the 47
th
, Jasperse
of the 11
th
, and Ballinger of the 23
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
elections and primaries generally, so as to revise provisions related to the retention and2
preservation of ballots and other election documents; to remove provisions for keeping such3
ballots and documents under seal; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7
primaries generally, is amended by revising Code Section 21-2-496, relating to preparation8
and filing by superintendent of four copies of consolidated return of primary, electronic9
filing, and superintendent to furnish final copy of each ballot used for primary, as follows:10
"21-2-496.11
(a) Each county and municipal superintendent shall prepare four copies of the consolidated12
return of the primary to be certified by the superintendent on forms furnished by the13
Secretary of State, such consolidated returns to be filed immediately upon certification as14
follows:15 23 LC 47 2137
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(1) One copy to be posted at the office of the election superintendent for the information
16
of the public;17
(2) One copy to be filed in the superintendent's office;18
(3) One copy to be forwarded to the Secretary of State together with a copy of each19
precinct return, the numbered list of voters of each precinct, and the returns and the20
numbered list of voters for absentee electors; and21
(4) One copy to be sealed and
filed with the clerk of the superior court, in the case of a22
county election, or with the city clerk, in the case of a municipal election, as required by23
Code Section 21-2-500.24
(b) The Secretary of State is authorized to provide a method by which the election25
superintendent can file the results of primaries and elections electronically. Once the26
Secretary of State provides such a method of filing, the election superintendent shall file27
a copy of the election returns electronically in the manner prescribed by the Secretary of28
State in addition to the filing provided in subsection (a) of this Code section. The Secretary29
of State is authorized to promulgate such rules and regulations as necessary to provide for30
such an electronic filing.31
(c) Each county and municipal superintendent shall, upon certification, furnish to the32
Secretary of State in a manner determined by the Secretary of State a final copy of each33
ballot used for such primary."34
SECTION 2.35
Said chapter is further amended by revising Code Section 21-2-497, relating to preparation36
and filing by superintendent of four copies of consolidated return of elections, and37
superintendent to furnish final copy of each ballot used for election, as follows:38 23 LC 47 2137
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"21-2-497.
39
(a) Each county and municipal superintendent shall prepare four copies of the consolidated40
return of the election to be certified by the superintendent on forms furnished by the41
Secretary of State, such consolidated returns to be filed immediately upon certification as42
follows:43
(1) One copy to be posted at the office of the election superintendent for the information44
of the public;45
(2) One copy to be filed and recorded as a permanent record in the minutes of the46
superintendent's office;47
(3) One copy to be sealed and
filed with the clerk of the superior court, in the case of a48
county election, or with the city clerk, in the case of a municipal election, as required by49
Code Section 21-2-500; and50
(4) One copy to be returned immediately to the Secretary of State unless required as51
follows:52
(A) In the case of election of federal and state officers, a separate return showing totals53
of the votes cast for each of such officers respectively shall be forwarded by the54
superintendent to the Secretary of State on forms furnished by the Secretary of State;55
(B) In the case of referendum elections provided for by an Act of the General56
Assembly, the returns shall immediately be certified by the authority holding such57
election to the Secretary of State, along with the precinct returns and numbered list of58
voters for each precinct. In addition thereto, the official citation of the Act involved59
and the purpose of such election shall be sent to the Secretary of State at the same time.60
The Secretary of State shall maintain a permanent record of such certifications;61
(C) In the case of elections on constitutional amendments, the returns shall be certified62
immediately to the Secretary of State. Upon receiving the certified returns from the63
various superintendents, the Secretary of State shall immediately proceed to canvass64 23 LC 47 2137
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and tabulate the votes cast on such amendments and certify the results to the Governor;
65
and66
(D) In the case of election for presidential electors, a separate return shall be prepared67
by each superintendent and certified immediately to the Secretary of State.68
(b) Each county and municipal superintendent shall, upon certification, furnish to the69
Secretary of State in a manner determined by the Secretary of State a final copy of each70
ballot used for such election."71
SECTION 3.72
Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of73
voting materials, presentation to grand jury in certain cases, preservation and destruction, and74
destruction of unused ballots, as follows:75
"21-2-500.76
(a) Immediately upon completing the returns required by this article, in the case of77
elections other than municipal elections, the superintendent shall deliver in sealed78
containers to the clerk of the superior court or, if designated by the clerk of the superior79
court, to the county records manager or other office or officer under the jurisdiction of a80
county governing authority which maintains or is responsible for records, as provided in81
Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy82
of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,83
voting machine paper proof sheet, and return sheet involved in the primary or election. In84
addition, the superintendent shall deliver copies of the voting machine ballot labels,85
computer chips containing ballot tabulation programs, copies of computer records of ballot86
design, and similar items or an electronic record of the program by which votes are to be87
recorded or tabulated, which is captured prior to the election, and which is stored on some88
alternative medium such as a CD-ROM or floppy disk simultaneously with the89
programming of the PROM or other memory storage device. The clerk, county records90 23 LC 47 2137
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manager, or the office or officer designated by the clerk shall hold retain and preserve such91
ballots and other documents for at least 24 months under seal, unless otherwise directed by92
the superior court, in a manner so as to prevent such ballots or other documents from being93
altered, amended, damaged, modified, or mutilated, after which time they shall be94
presented to the grand jury for inspection at its next meeting. Such ballots and other95
documents shall be retained and preserved in the office of the clerk, county records96
manager, or officer designated by the clerk until the adjournment of such grand jury, and97
then they may be destroyed, unless otherwise provided by order of the superior court.98
(b) The superintendent shall retain all unused ballots for 30 days after the election or99
primary and, if no challenge or contest is filed prior to or during that period that could100
require future use of such ballots, may thereafter destroy such unused ballots. If a101
challenge or contest is filed during that period that could require the use of such ballots,102
they shall be retained until the final disposition of the challenge or contest and, if remaining103
unused, may thereafter be destroyed.104
(c) Immediately upon completing the returns required by this article, the municipal105
superintendent shall deliver in sealed containers to the city clerk the used and void ballots106
and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of107
each numbered list of voters, tally paper, voting machine paper proof sheet, and return108
sheet involved in the primary or election. In addition, the municipal superintendent shall109
deliver copies of the voting machine ballot labels, computer chips containing ballot110
tabulation programs, copies of computer records of ballot design, and similar items or an111
electronic record of the program by which votes are to be recorded or tabulated, which is112
captured prior to the election, and which is stored on some alternative medium such as a113
CD-ROM or floppy disk simultaneously with the programming of the PROM or other114
memory storage device. Such ballots and other documents shall be retained and preserved115
under seal in the office of the city clerk for at least 24 months; and then they may be116
destroyed unless otherwise provided by order of the mayor and council if a contest has117 23 LC 47 2137
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been filed or by court order, provided that the electors list, voter's certificates, and duplicate
118
oaths of assisted electors shall be immediately returned by the superintendent to the county119
registrar."120
SECTION 4.121
All laws and parts of laws in conflict with this Act are repealed.122